Pubdate: Thu, 22 Jul 2004
Source: Kentucky New Era (KY)
Copyright: 2004 Kentucky New Era
Contact:  http://www.kentuckynewera.com/
Details: http://www.mapinc.org/media/1628
Author: Melony Leazer

NEW ERA FILES COURT PAPERS TO OPEN TASK FORCE SETTLEMENT

HOPKINSVILLE -- The Kentucky New Era is seeking a court order to open
a confidential settlement reached between a former employee of the
Pennyrile Narcotics Task Force, the agency and its director. On
Wednesday, the newspaper filed in Christian Circuit Court a motion to
intervene and unseal the court file in a sexual harassment lawsuit
against the task force and director Cheyenne Albro. Dan Kemp and Jason
Holland, attorneys with Kemp, Ison, Harton, Tilley and Holland law
firm, filed the briefs on behalf of the New Era.

Attorneys representing the parties named in the suit told the New Era
last month that a settlement had been reached with the plaintiff,
Teresa Cannon, and the defendants, but declined to release the terms.
Earlier this month, special Judge John W. Potter, who was appointed to
preside in the case, issued a court order dismissing the case and
imposed a confidentiality provision that refrained either party from
discussing the terms reached.

"This sudden denial of access to the court file, including the
settlement agreement between the parties, not only infringes on the
constitutional and common law rights of the public and the New Era,
but this infringement is made even more egregious by the fact that
Cheyenne Albro is a public employee and the Task Force is a public
agency, whose records are, by law, open," the newspaper's motion stated.

The task force is a public agency because its budget is funded mostly
through federal and state monies.

"The public has a significant interest in knowing about all aspects of
this case, including the terms of the settlement agreement, and
whether or not public funds were paid by the Task Force to settle the
plaintiff's claims," the newspaper argued.

The New Era has reported on the litigation since early 2003 when
Cannon filed the suit. She was seeking compensation from the
defendants for punitive and actual damages.

Before the motion was filed Wednesday, the newspaper asked assistant
Christian County attorney John Soyars, who represents the task force,
and Cannon's attorney, Andrew Self, to release the settlement. Both
declined to do so.

"We all agreed to keep it confidential," Soyars told the New Era.

In Kentucky, settlement agreements involving a public agency
historically have been open to inspection by the public.

Ashley Pack, a Louisville attorney who specializes in First Amendment
rights and represents newspapers belonging to the Kentucky Press
Association, said confidentiality requests should not be granted in
cases that name public agencies as a party.

"It's actually wrong. Courts shouldn't do that," she said.

A hearing on the newspaper's motion has not been scheduled yet.

Cannon claimed in the lawsuit that Albro sexually harassed her until
Jan. 27, 2003, and fired her from work at that time through a written
letter of termination. She alleged that he "engaged in numerous and
repeated acts of sexual harassment" directed at her while employed
with the law enforcement organization.

The task force has denied that it employed Cannon as a permanent
employee. Albro testified during his deposition last November that
Cannon was hired as a temporary employee to clean the task force
office located here and assist with training law enforcement officers
about methamphetamine. She previously was convicted of charges
involving the illegal substance.
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MAP posted-by: Larry Seguin